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Employment Rights Act 1996

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Employment Rights Act 1996, Section 218 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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218 Change of employer.E+W+S

(1)Subject to the provisions of this section, this Chapter relates only to employment by the one employer.

(2)If a trade or business, or an undertaking (whether or not established by or under an Act), is transferred from one person to another—

(a)the period of employment of an employee in the trade or business or undertaking at the time of the transfer counts as a period of employment with the transferee, and

(b)the transfer does not break the continuity of the period of employment.

(3)If by or under an Act (whether public or local and whether passed before or after this Act) a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer—

(a)the employee’s period of employment at the time when the modification takes effect counts as a period of employment with the second body corporate, and

(b)the change of employer does not break the continuity of the period of employment.

(4)If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased—

(a)the employee’s period of employment at the time of the death counts as a period of employment with the employer’s personal representatives or trustees, and

(b)the death does not break the continuity of the period of employment.

(5)If there is a change in the partners, personal representatives or trustees who employ any person—

(a)the employee’s period of employment at the time of the change counts as a period of employment with the partners, personal representatives or trustees after the change, and

(b)the change does not break the continuity of the period of employment.

(6)If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters the second employer’s employment, is an associated employer of the first employer—

(a)the employee’s period of employment at that time counts as a period of employment with the second employer, and

(b)the change of employer does not break the continuity of the period of employment.

(7)If an employee of the [F1governing body] of a school maintained by a [F2local authority] is taken into the employment of the authority or an employee of a [F2local authority] is taken into the employment of the [F3governing body] of a school maintained by the authority—

(a)his period of employment at the time of the change of employer counts as a period of employment with the second employer, and

(b)the change does not break the continuity of the period of employment.

(8)If a person employed in relevant employment by a health service employer is taken into relevant employment by another such employer, his period of employment at the time of the change of employer counts as a period of employment with the second employer and the change does not break the continuity of the period of employment.

(9)For the purposes of subsection (8) employment is relevant employment if it is employment of a description—

(a)in which persons are engaged while undergoing professional training which involves their being employed successively by a number of different health service employers, and

(b)which is specified in an order made by the Secretary of State.

(10)The following are health service employers for the purposes of subsections (8) and (9)—

[F4(za)[F5NHS England],

[F6(zb)an integrated care board established under section 14Z25 of the National Health Service Act 2006,]]

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Special Health Authorities established under [F8section 28 of [F9the National Health Service Act 2006] or section 22 of the National Health Service (Wales) Act 2006] ,

F10( bb ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)National Health Service trusts established under [F11[F12the National Health Service Act 2006] or the National Health Service (Wales) Act 2006] ,

[F13(ca)NHS foundation trusts, ]

[F14(cb)Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006,]

[F15(cc)the National Institute for Health and Care Excellence,]

F16(cd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(ce)the Health Services Safety Investigations Body.]

(d)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(dd)F19...F20...

F20(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(11) In subsection (7) “ local authority ” has the meaning given by section 579(1) of the Education Act 1996. ]

Textual Amendments

F1Words in s. 218(7) substituted (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 32 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F3Words in s. 218(7) substituted (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 32 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F14S. 218(10)(cb) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 27(4)

F20S. 218(10)(e) and the preceding word "and" repealed (1.4.2005 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190. 196, 199(1)(4), Sch. 13 para. 8, {Sch. 14 Pt. 7}; S.I. 2005/457, art. 2(1)(b)

Modifications etc. (not altering text)

C1Ss. 210-219 applied (E.W.) (1.4.2020) by The Agricultural Wages (Wales) Order 2020 (S.I. 2020/347), arts. 1, 2(3)

C3Ss. 210-219 applied (E.W.) (6.8.2022 with effect from 1.4.2022) by The Agricultural Wages (No. 2) (Wales) Order 2022 (S.I. 2022/794), arts. 1, 2(3)

C6S. 218(7) extended (temp. from 1.4.1999 to 1.9.1999) by S.I. 1999/638, reg. 4

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